Dispute Settlement Procedures. The objectives of this procedure is to promote the prompt resolution of grievances by consultation, co-operation and discussion; to reduce the level of disputation; and to promote efficiency, effectiveness and equity in the workplace.
a) In relation to any matter that may be in dispute, except matters relating to the actual or threatened termination of your employment, the parties to the dispute must firstly attempt to resolve the dispute at the workplace level, by:
i) you and your supervisor meeting and conferring on the matter; and if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and
ii) acknowledging the right of either party to appoint, in writing, another person to act on their behalf in relation to resolving the matter at the workplace level; and
iii) agreeing to allow either party to refer the matter to mediation or other alternative dispute resolution process to be conducted by a person agreed between the parties in dispute on the matter;
iv) agreeing that if either party refers the matter to alternative dispute resolution both parties will participate in the alternative dispute resolution in good faith; and
v) agreeing that during the time when the parties attempt to resolve the matter: - the parties continue to work in accordance with their contract of employment unless you have a reasonable concern about an imminent risk to your health or safety; and - subject to relevant provisions of any state or territory occupational health and safety law, you must not unreasonably fail to comply with a direction by us to perform work, whether at the same workplace or another workplace, that is safe and appropriate for you to perform; and - the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible.
b) The parties to the dispute acknowledge that if we are unable to agree on the person to conduct the alternative dispute resolution process, either party can notify the Industrial Registrar. In this case, the Industrial Registrar will provide the parties with information about options to resolve the dispute.
Dispute Settlement Procedures. The parties acknowledge that this agreement is designed to place maximum emphasis on the settlement of all disputes as close as possible to source within the workplace. If a dispute arises relating to a matter under this agreement: -
(i) The parties will first attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor; and,
(ii) If such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management, as appropriate.
(iii) A party to the dispute may appoint another person, organisation or association to assist or represent them in resolving the dispute.
(iv) If: -
(a) A dispute regarding a matter arising under the agreement is unable to be resolved at the workplace; and,
(b) All agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission (the Commission) for resolution by mediation, by conciliation, or by arbitration where the matter in dispute remains unresolved.
(v) While this dispute resolution procedure is in operation at any level work shall continue normally and without interruption, unless an employee has a reasonable concern about an imminent risk to his or her health or safety.
(vi) If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
(vii) Any dispute referred to the Commission under this clause should be dealt with by a member of the Commission agreed by the parties at the time.
(viii) If agreement is not reached between the parties, the matter shall be arbitrated by a member nominated by either the head of the relevant panel or the President.
(ix) The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
Dispute Settlement Procedures. Dispute settlement procedures shall be followed as defined in Section 4117.14 of the Ohio Revised Code.
Dispute Settlement Procedures. Principles
a) This procedure is designed to promote the resolution of issues that arise at the lowest possible level and to provide a step-by-step process which will be accessed if the parties are genuinely unable to resolve the issue.
b) At each step in the procedure, reasonable time is to be allowed for the parties to resolve the matter. The parties agree not to proceed to each next step in the procedure until the previous step has been completed. Following these procedures will ensure the dispute is resolved in the most efficient manner.
c) In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriate. If the matter is not resolved at this level, the grievance shall be referred to the Management.
d) Should the matter remain unresolved at this level, the Employee, at his/her discretion, may nominate a representative to meet with the Supervisor, a management representative and the employee and or their representative to resolve the issue.
e) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute.
f) If a dispute in relation to a matter arising under the agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission (the Commission) for resolution by mediation and/or conciliation. Any solution proposed by the AIRC, or another third party, shall be consistent with the Construction Code and guidelines and relevant legislation.
g) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally. The circumstances that applied prior to the dispute arising shall apply until final resolution of the matter.
h) Any dispute referred to the Commission under this clause should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member nominated by either the head of the relevant panel or the President.
i) This dispute resolution procedure does not apply to Occupational Health and Safety matters. It is expected that the Occ...
Dispute Settlement Procedures. (1) If a dispute relates to:
(a) a matter arising under the agreement; or
(b) the National Employment Standards; this term sets out procedures to settle the dispute.
(2) An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term.
(3) In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management.
(4) If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the FWC.
(5) The FWC may deal with the dispute in 2 stages:
(a) the FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
(b) if the FWC is unable to resolve the dispute at the first stage, the FWC may then:
(i) arbitrate the dispute; and
(ii) make a determination that is binding on the parties. A decision that the FWC makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the FW Act. Therefore, an appeal may be made against the decision.
(6) While the parties are trying to resolve the dispute using the procedures in this term:
(a) an employee must continue to perform their work as they would normally unless they have a reasonable concern about an imminent risk to their health or safety; and
(b) an employee must comply with a direction given by the Department to perform other available work at the same workplace, or at another workplace, unless:
(i) the work is not safe; or
(ii) applicable occupational health and safety legislation would not permit the work to be performed; or
(iii) the work is not appropriate for the employee to perform; or
(iv) there are other reasonable grounds for the employee to refuse to comply with the direction.
(7) The parties to the dispute agree to be bound by a decision made by the FWC in accordance with this term.
Dispute Settlement Procedures. 13.1 Subject to clauses 13.2 and 13.3, this clause sets out procedures to settle a dispute that relates to:
(a) a matter arising under this Agreement; or
(b) the National Employment Standards.
13.2 This clause does not apply in relation to disputes about:
(a) refusals for requests for flexible work arrangements on reasonable business grounds under clauses 18.4 and 51.19(e) of the Agreement and section 65(5) of the FW Act; or
(b) refusals for requests for extended parental leave on reasonable business grounds under clause 51.20 of the Agreement and section 76(4) of the FW Act.
13.3 An employee who has a grievance about matters referred to in clause 13.2 can utilise section 59 of the PSEM Act to have the decision reviewed.
13.4 In the event of a dispute about a PSEM By-law issued under the PSEM Act that applies to Jacana Energy, clauses 13.6 to 13.7 will apply.
Dispute Settlement Procedures. If agreement is not reached after sixty (60) days of bargaining, either party may request mediation in an effort to reach an acceptable settlement. The teams will request a mediator from the Federal Mediation and Conciliation Service whose rules and regulation will cover the mediation. Mediation will continue for thirty (30) days unless both parties mutually agree to extend this process.
Dispute Settlement Procedures. 13.1 The parties are committed to avoiding industrial disputation about the application of this Agreement.
13.2 This clause sets out the procedures to be followed for avoiding and resolving disputes in relation to:
(a) a matter arising under this Agreement; or
(b) the National Employment Standards.
13.3 In the event of a dispute about a By-law issued under the PSEM Act, clauses 13.6 (internal resolution) and 13.7 (FWC conciliation) will apply.
13.4 An employee who has a grievance about their treatment in employment can, as an alternative, choose to have the decision reviewed in accordance with section 59 of the PSEM Act.
Dispute Settlement Procedures. 23.1 If a question, dispute or difficulty should arise in the workplace as a result of the meaning or effect of this Agreement, then the following procedures shall apply:
23.1.1 The employee and their nominated support person shall discuss the matter with the immediate supervisor. Where the matter cannot be satisfactorily resolved the supervisor shall, within 3 working days, or such other period agreed between the parties, refer the matter to a Co-ordinator with the employee being advised accordingly.
23.1.2 The Co-ordinator, where possible, will respond to the matter raised within 1 week of it being referred. If the Co-ordinator is unable to resolve the matter it shall be referred to the Manager and the employee advised accordingly.
23.1.3 The Manager, where possible, will respond to the matter raised within 1 week of it being referred. If the Manager is unable to resolve the matter it shall be referred to the appropriate director and/or CEO and the employee advised accordingly.
23.2 There will be a commitment to following this process and all efforts will be made to facilitate the earliest possible resolution through open communication.
23.3 All relevant facts shall be clearly identified and recorded.
23.4 At all times throughout the process, the parties will maintain confidentiality and matters pertaining to the dispute will only be discussed with relevant parties. Breaches of confidentiality may result in employees being subject to disciplinary measures.
23.5 Emphasis shall be placed on a settlement. However if the negotiation process is exhausted without the dispute being resolved, that matter may be referred by either party to the Australian Industrial Relations Commission for assistance in resolving the dispute by the process of private mediation and, if that is unsuccessful, for formal determination. Before the private mediation, the Commission may confer informally with the parties about matters of procedure, such as: • the presentation of each side’s position (whether oral or in writing); • confidentiality requirements; • representation at the conciliation; • timing, location and duration of the conciliation; • whether a telephone conference is all that is needed in the first instance; and • any further particulars about the Commission’s role in relation to establishing procedures. Subject to the preceding clause, it is agreed that the Commission will observe confidentiality about all aspects of the matters in dispute and may do such things as: •...
Dispute Settlement Procedures. 8.1 Any questions, disputes or difficulties regarding the meaning and effect of this Agency Specific Agreement shall be dealt with in accordance with this clause.
8.2 The employee/s and the manager/supervisor shall discuss the matter and attempt to find a satisfactory solution, within three (3) working days. An employee may be accompanied by a union representative.
8.3 If the dispute cannot be resolved at this level, the matter shall be referred to and be discussed with the relevant supervisor’s superior and an attempt made to find a satisfactory solution, within a further three (3) working days. An employee may be accompanied by a union representative.
8.4 If the dispute is still not resolved, it may be referred by either party to the Chief Executive or his/her nominee.
8.5 Where the dispute cannot be resolved within five (5) working days of the referral of the dispute to the Chief Executive or his/her nominee, either party may refer the matter to the WAIRC.
8.6 The period for resolving a dispute may be extended by agreement between the parties.
8.7 At all stages of the procedure the employee may be accompanied by a union representative.
